At approximately 12:20 a.m. on December 30, 2007, Spiezio is accused of leaving a bar in Newport Beach after spending the evening drinking several vodka drinks. He is accused of getting into his 2004 BMW and attempting to drive home while under the influence of alcohol. Spiezio is accused of speeding, cutting across several lanes, crossing through the oncoming traffic lanes, driving over a curb, and crashing into a fence. The crash knocked down a fence pole and blew out the front two tires of the car. Spiezio is accused of getting out of the car and fleeing the scene on foot.

The defendant is accused of running to his Irvine condominium complex and going to a friend’s condo, who lived in the same complex. While his friend attempted to clean up the defendant, Spiezio is accused of vomiting in his friend’s room. When the friend made a comment about the vomit, Spiezio is accused of becoming angry and attacking his friend, punching him repeatedly and throwing him against a wall.